David Greene explores the gaps in the LASPO Bill
The Legal Aid, Sentencing and Punishment of Offenders Bill is awaiting Royal Assent and we can now see the shape of the forthcoming Act.
Omissions
The Bill does not contain any provisions for two structural parts of the Jackson reforms—the 10% increase in general damages and qualified one-way cost shifting (QOCS). Amendments to do so failed. The increase in damages is to be the subject of extra statutory regulation and QOCS will be regulated by secondary legislation, but many are unclear as to exactly how these are to be affected and their final form.
Lord Justice Jackson recommended that awards of general damages for personal injury should be increased by 10%. This was to ensure that claimants are properly compensated and that damages are not substantially reduced as a result of his proposed reduction in recovery of costs.
There is, however, no provision in the Bill to this effect. Jackson LJ proposed the increase may be imposed in similar fashion to earlier increases in general damages in response to Law Commission recommendations. Stakeholders called
